Tag Archive for Virginia State Police

Civil Lawsuit Update: Cox’s Attorney’s respond to $1.35M lawsuit(Updated 12/11/15)

McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox's First and Fourth Amendment Rights.

“McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.”

(SEE TWO UPDATES REGARDING CASE AT BOTTOM OF ARTICLE)

On June 20th, Virginia Cop Block published the news about Virginia State Trooper Melanie McKenney filing yet another Civil Lawsuit against Virginia Cop Block Founder Nathan Cox; going from a $5K lawsuit to now a $1.35 Million dollar lawsuit.

Cox’s Attorney’s over at Thomas Robert’s and Associates located in Richmond have come out of the gates swinging filing two pleadings along with their own exhibits in hopes of getting this frivolous lawsuit dismissed, this time for good.

The first pleading covers the Statute of Limitations.
Taken from the introduction:

“(1) This Suit is nothing more than a bad-faith, baseless attempt by State Trooper McKenney to hide behind her private persona and silence Nathan Cox – to retaliate against him for his First Amendment protected political activity – by issuing him a million dollar ticket.”

(2) State Trooper McKenney filed suit in small claims court on March 12, 2014. That suit was dismissed, appealed and then non-suited. By the time State Trooper McKenney filed her March 13, 2014 suit, the statute of limitations for any statement complained of had long since run. Complaint 4-9. The Complaint, State Trooper McKenney expressly claims that ‘[t]his case was previously non-suited and is being refiled within six months of the prior non-suit.’

You can read the rest of those pleadings here: Hanover Circuit Filing -1st Special Plea in Bar – Statute of Limitations

As for the second pleadings which had video exhibits, which were that of Cox’s cell phone video and the DashCam video that he acquired by way of a FOIA Request (which the videos can be found on VA Cop Block’s YouTube channel); this pleading goes after the “Truth of all actionable statements.”

The opening Introduction of that pleading states:

“I asked him to get out of the car and he puts a camera in my face” “I don’t want myself on any type of YouTube or whatever.” (Quotes pulled from Dashboard Camera Audio)

“I asked him to get out of the car and he puts a camera in my face”
“I don’t want myself on any type of YouTube or whatever.”
(Quotes pulled from Dashboard Camera Audio)

“(1) In this case, State Trooper M.H McKenney sues Nathan Cox for defamation after Cox shared accounts of a traffic stop in which McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.

(2) To Prevail, McKenney must show the statements Cox made are both actionable and false. Many of the alleged defamatory statements are not actionable as a matter of law. As for the rest, the video and other documents related to the incident show that these statements are true or substantially true. While McKenney may be personally offended by some of the statements or the mode of their expression, they are not actionable. Indeed, they constitute protected speech under the First Amendment. Therefore this case should be promptly dismissed. Alternatively, any purported statements the Court determines not to be actionable or which are true should be stricken before the case proceeds further.”

Read the rest of these pleadings here:
Hanover Circuit Filing – 2nd Special Plea in Bar – Truth of All Actionable Statements

Cox’s attorney’s will be releasing a video that will be an exhibit in this case and when that video is released, this article will be updated with the embedded video. 

Continue to follow this case by following Virginia Cop Block on Facebook, Twitter and the website. 

Nathan Cox is seeking donations for his Legal Defense Fund to help pay the cost of his attorneys. Consider making a donation and helping Cox protect hist First Amendment rights and perhaps, although it’s not clear, this case could help set a precedent in protecting YOUR first amendment rights in the process.  Click on the image below to make a donation. Cox has stated he’ll be sending personalized hand-written thank you cards, to everyone who donates.

 

Also, to view the Trooper’s 11 page complaint you can find that here: $1.35M Civil Lawsuit / 11 Page Complaint.

UPDATE: November 7, 2015

Yesterday, November 6, Nathan Cox was back in court dealing with this RIDICULOUS 1.35 Million Dollar lawsuit, brought on by a Virginia State Trooper named Melanie McKenney. If you have had a bad experience with Trooper Melanie McKenney, please private message the  facebook page or submit an entry on the website and let us know! The following is what Nathan published regarding the half day in court:

“Today was a great day in court!
My team of attorneys did an excellent job!
The court will be issuing letter opinions on the pleas filed by my lawyers that should get rid of most if not all of this ridiculous case.

The court denied the motion of the plaintiff attempting to deny access to the files of the state police related to Trooper Melanie McKenney. The documents produced will be subject to a protective order to be used only in the defense of the case.

My attorneys have been working hard on the case and need to get compensated. Please consider supplementing what I’m able to pay them. The work that they are doing is vital to protect free speech and the First Amendment, not just for me but for others who choose to criticize the government. You can help protect our 1st Amendment rights by contributing to the legal defense fund here:
http://www.robertslaw.org/defense-fund/

I appreciate the continued support in this matter–it really means a lot. I’m very grateful to those folks who’ve sent me encouraging messages, who’ve chipped in here and there financially and who appreciate the work I’ve done for the cause of freedom. Thank you!

I’ll write an update on VirginiaCopBlock.org after the judge issues his opinion”

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Update: December 11, 2015

Followers & Supporters !!!! We have FANTASTIC news regarding the $1.35 Million lawsuit against Virginia Cop Block Founder, Nathan Cox that was meant to silence him. The following is a statement from him:

“My attorneys really hit a home run in court at the end of last month! The court has issued its (3 page) order which stemmed from my attorneys making a few arguments why it should all be thrown out.

The court found that the Appeal by Virginia State Trooper McKenney was improper, the non-suit was a nullity, and therefore ALL statements/ claims with the exception of just ONE HAVE BEEN THROWN OUT!!

The last existing claim is something I said back on March 28th, 2015 when I was invited to speak to some University of Richmond Law Students.

This statement is: “she pretty much assaulted me.” Which my attorneys should be able to dispose of this claim at a summary judgment. If not before.

I want to give a HUGE thank you to my attorneys over at Thomas Roberts & Associates whom I HIGHLY recommend for especially Constitutional matters and police matters respectively.

I also want to give a BIG THANK YOU to everyone who’s supported me in various ways whether through encouragement, prayers, donations to my legal fund, etc. Your support truly means the world to me.

More updates on the way as they come out and finally get this behind me!”

VA State Trooper McKenney Sues VA Cop Block Founder Nathan Cox for $1.35 Million

Nathan Cox & Tom Roberts after the $10,000 VCU Settlement.

Nathan Cox & Tom Roberts after the $10,000 VCU Settlement.

Written by: Nathan Cox

In March of 2014, local Richmond media (along with Virginia Cop Block) reported that I was being sued by Virginia State Trooper Melanie McKenney as a result from a traffic stop that transpired on Memorial Day weekend 2012, nearly two years prior, in which I later wrote an article about. The initial suit was for “defamation” which was filed in small claims court and she was suing me for $5,000.

The initial “warrant in-debt” I received had no attached complaint or allegations and I had no idea what it was about. I later formed the opinion that McKenney was upset about something I perhaps wrote in the article about the stop. The article also included information I acquired by way of a Freedom of Information Act Request.  This information I received included electronic forms of communication, radio transmissions and her dashboard camera.

During this first go around, Read more

Virginia Cop Block Founder Nathan Cox Sued by VSP Trooper Melanie McKenney

Warrant in Debt
On March 17, 2014 I was served a “Warrant in Debt”. As you will see in the attached image, I’m being sued for $5,000 by Virginia State Police Trooper Melanie McKenney. Some of you readers may recall that two years ago I was pulled over by Trooper Melanie McKenney during Memorial Day Weekend when the Virginia State Police had many of their Revenue Generating Officers out on the interstates. I had described it as the second most aggressive traffic stop I had ever been involved in. She violated my rights and denied my right to record her by claiming my cell phone could be a gun – however the information and videos given to me through the FOIA Request showed that she knew it wasn’t a gun, in her words, “I don’t want myself on any type of YouTube or whatever.” If you are not aware of this incident and would like to see the article and videos of that incident click here.

So almost two years later VSP Trooper Melanie McKenney is suing me for “Defamation”. Read more

FOIA Request Concerning Memorial Day Weekend Traffic Stop with Trooper McKenney – PUBLISHED

Written by: Nathan Cox
Edited by Meg McLain & Chris Staples

On Memorial Day weekend,May 26th, I was coming home from a side-job I had picked up. Quickly noticed that Interstate 295 was being HEAVILY Policed by State Troopers. Here is my initial CELL PHONE Video):

“I passed 3 state troopers just 50 meters from the Pole Green Road Exit on 295. They were conducting a traffic stop, funny thing was, 2 of them were conducting the stop, while a third was on the opposite shoulder. As I drove by one of the cops stared me, or my vehicle down. The next thing I knew one of those cops came up fast behind me while I was still on the phone. She moved over the adjacent lane and proceeded to pass me, just enough to see my State Inspection sticker which expired March 1. Then she pulled behind me and blue lighted me. She came up to my door, opened the door and aggressively asked to get out of the car. After I complied and stepped out of my car, she had her hands all over me trying to prevent me from recording her. After I signed the tickets she claimed my muffler sounded loud (it’s a stock muffler on a 08 civic Si). As I tried to capture some video of all the cruisers that came to the scene, she threatened me with a citation for being a “pedestrian on the highway” you can see that in the next video. 3 more cops came to the scene. The entire stop was not caught on MY phone because one of the male cops turned my phone upside down when they noticed it filming. I’m hoping to get the dashboard cam via FOIA after the criminal charges are dealt with.”

After going to court about this, I was able to get the inspection sticker citation dismissed but was found “guilty” on the charge “Failure to Display Front License Plate”. Following these court proceedings over these charges, I filed an official complaint with the Virginia State Police concerning the aggressive nature of State Trooper McKenney. I also filed a Freedom Of Information Act Request in hopes to obtain Trooper McKenney’s Dashboard Camera, as well as any other communication about me via, phone, text, email and radio. Also, I tried to recover previous complaints Trooper McKenney may have received, but was denied that request.

Approximately August 22nd I received the FOIA Request Package from the Virginia State Police. After reviewing the information we received, being the Dashboard Camera and text messages that was sent to/received from McKenney validated my account of what happened and provides enough evidence that could make a case for a 4th Amendment Rights Violation. If you have not yet seen MY video of the traffic stop yet, you can watch the video here and you will notice at the 7:27 mark someone violates my 4th Amendment Rights by trespassing against my property (My Phone). As well as a short clip here of trying to get footage of the cop cars after recovering my phone, she then threatened to cite me for “being a pedestrian on a highway”.
What you’ve been waiting for – State Trooper McKenney’s Dashboard Camera: Read more